Legal Question in Employment Law in California

Should I hire my unions attorney's to handle my case

I have a fmla case against my company.

I first filed a grievance. After 3 months I am told that the company is sticking to thier decision of terminating me. I am also told that because fmla is not in the union contract, it isn't a case for arbitration. Then the Union Rep tells me that she did not think my case was that good because my condition normally does not keep me home for more than 3 days. I keep telling her it is a Chronic Condition, and I don't have to be sick for more than 3 days to qualify for fmla, but she wouldn't listen.

She then informs me that the Union's Attorneys would like to talk to me. She said that they felt I had a good suit.

I am wondering if it is wise to use the union's attorneys. My union did not handle my situation well at all. I caught my rep's lying and contradicting themselves on several occasions. Once when I mentioned once about one of the contradictions the attorney told me we could not talk about the union since they were there attorney's also.

I do not want to lose my case on stupidity, please I need advice

Lori


Asked on 6/09/01, 5:58 am

2 Answers from Attorneys
Paul Crost Reich, Adell, Crost & Cvitan

Re: Should I hire my unions attorney's to handle my case

As both a union attorney and a plaintiff's employment attorney, I agree that you should consult an attorney other than the union's. You may want to talk to the union attorney and an independent attorney for a second opinion. If you are in the Los Angeles metro area, you can call my office at 800 386 3860 for a free consultation.

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Answered on 6/21/01, 1:21 pm
Stephen Gibbs Law Office of Stephen Gibbs

Re: Should I hire my unions attorney's to handle my case

I may ruffle some feathers here, but you answered your own question in your last sentence. They very well may have a conflict of interest if the union was negilgent in representing you.

Get an imdependent attorney that you can be sure only has YOUR interests in mind, first and foremost. Contact your local city or county bar association for a referral, or do a search on this site for a local attorney you can contact. Read the other answers he/she has posted here to get a feel for them.

Good luck. If you live or your company can be sued in Santa Clara County, give me a call for a free consultation. 408-295-8282

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Answered on 6/20/01, 8:36 pm


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